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New York Law Journal

Thorny Zoning Questions Posed by EV Charging Stations

Given the growing popularity of EVs, property owners, municipalities and developers need to be aware of zoning ordinances relating to EV charging stations.
10 minute read

New York Law Journal

Redesigning Obviousness: Federal Circuit's New Test for Obviousness in Design Patents

In May, the Federal Circuit issued its decision in 'LKQ v. GM Global Technology Operations', which marks a significant shift away from the prior and more rigid 'Rosen-Durling test', toward a more flexible framework for determining whether a patented design is obvious.
10 minute read

New York Law Journal

Defending Police Officers in Wrongful Conviction Cases

As there has been a substantial increase in civil litigation concerning wrongful convictions, police officers and municipalities face potential liability for their involvement in the arrest and criminal prosecution of the wrongly accused. While wrongful conviction cases are incredibly nuanced, these cases are still highly defensible and there are a multitude of ways that police officers and municipalities can be defended against such claims.
8 minute read

New York Law Journal

When Blockchain Analytics Meet the 'Daubert' Test

Even under the 2023 amendment to Rule 702 that attempts to curtail some courts' overly permissive approaches to 'Daubert', recent rulings show that expert blockchain analysis can indeed satisfy the gatekeeping threshold for admissibility in litigation.
17 minute read

New York Law Journal

Tips on How To Do a Structured Settlement

Often, when larger personal injury or wrongful death cases are resolved, the plaintiff's counsel will be asked "Would your client be interested in a structured settlement?" The purpose of this article is to assist counsel in understanding structured settlements and how to avoid certain pitfalls.
10 minute read

New York Law Journal

Medical Malpractice Contingency Fee Schedule Needs Amendment

Judiciary Law section 474-a, as amended effective July 1, 1985 sets forth a contingency fee schedule and provision for application for increased fee in extraordinary circumstances. In practice, the fee schedule creates inherent conflict, is unfair and deprives many victims of malpractice the opportunity to hire competent counsel. Applications for enhanced fees are rarely granted. The proposed Amendment set forth in NYAB 7448 provides much needed changes to the Statute.
21 minute read

New York Law Journal

A Bouquet of Recent Ethics Opinions

The New York State Bar Association Committee on Professional Ethics, which provides a valuable service to New York lawyers (and clients) by giving guidance to practitioners on ethical issues, has issued a number of ethics opinions in the past six months, a few of which are discussed in this article.
9 minute read

New York Law Journal

Reasonable Diligence Under the Discovery Rule

Until the court squarely holds otherwise, plaintiffs seeking the benefit of the discovery rule will bear the burden of showing that no reasonable copyright owner, similarly situated, should have discovered the infringement before plaintiff did in fact discover it.
7 minute read

New York Law Journal

Thinking About the Unthinkable—Episode I: Climate Change Disclosures

Everyone realizes that a Trump victory will likely trigger major reversals in securities regulation and SEC policies. In particular, the SEC's much discussed and much litigated climate disclosure rules may be abandoned by a Trump SEC. Alternatively, enforcement actions may just not be brought.
12 minute read

New York Law Journal

Supreme Court Round-Up on Tax Issues

On July 1, 2024, the Supreme Court concluded its October 2023 Term. While the term will probably be best known for the presidential immunity decision, the court decided two cases addressing tax issues, and one non-tax case that will reduce the deference courts give the IRS's statutory interpretations and therefore will impact tax controversies for years to come.
10 minute read

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